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Douglas and Stuart v Tenants. [1627] Mor 10817 (17 February 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor2610817-096.html Cite as:
[1627] Mor 10817
What Title requisite in the Positive Prescription.
Subject_3 SECT. V.
Title requisite in the Prescription of Right to Teinds and Rights granted by Ecclesiastics.
Douglas and Stuart v. Tenants
Date: 17 February 1627 Case No. No 96.
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In a removing of William Douglas and John Stuart against the Tenants of Aymoth and Coldingham, an exception being proponed by Hume of Nynwells upon his heritable infeftment, as heir to his goodsir, who also was infeft as heir to his brother, who was infeft by the Laird of Banff, who also was infeft and in possession conform thereto these forty years bypast; this exception was repelled in this judgment possessor, because the defender alleged not that either his own nor any of his predecessors infeftments were confirmed, the same being kirk-lands; and it was repelled, where the excipient alleged, that in this judgment he ought not to dispute upon the validity of his author's right, after so long possession.
Act. Craig & Stuart.Alt. Nicolson & Belshes.Clerk, Gibson.
Fol. Dic. v. 2. p. 104. Durie, p. 278.
